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# FTC Updates Health Products Compliance Guide
- URL: https://www.fdaweb.com/ftc-updates-health-products-compliance-guide/
- Published: 2023-01-04T12:00:00.000Z
- Updated: 2026-09-14T18:10:34.000Z
- Author: David McFarland
- Tags: Drugs, FDA Policy/General, Devices, #legacy-id-D5153442

The Federal Trade Commission (FTC) has released its new [“FTC Health-Related Advertising Guide”](https://www.ftc.gov/system/files/ftc%5Fgov/pdf/Health-Products-Compliance-Guidance.pdf?ref=fdaweb.com) that covers more stringent compliance factors than previously expected that industry should consider before publishing health product marketing (online or offline) advertisements. Attorney **Phyllis Marcus** (Hunton Andrews Kurth) writes in an online [post](https://www.lexology.com/library/detail.aspx?g=5f26a807-fbca-4bd5-9e03-49e1df35f05f&utm%5Fsource=Lexology+Daily+Newsfeed&utm%5Fmedium=HTML+email+-+Body+-+General+section&utm%5Fcampaign=Lexology+subscriber+daily+feed&utm%5Fcontent=Lexology+Daily+Newsfeed+2022-12-23&utm%5Fterm=) that the FTC last published the guidance in 1998, styled at that time as a dietary supplement advertising guide. She says the 2022 version “covers a broad spectrum of products including foods, over-the-counter drugs, homeopathic products, health equipment, diagnostic tests and health apps, and other health-related products.”

Since the earlier guide was issued, the agency says it had brought more than 200 cases challenging false or misleading advertising claims for dietary supplements, foods, over-the-counter drugs, and other health-related products. FTC’s new guide draws on those case experiences with 23 new examples. It also says the guide includes a “much more detailed discussion of the amount and type of evidence needed to substantiate health-related claims, with more emphasis on the fact that the FTC, as a general rule, expects high quality randomized, controlled human clinical trials.”

“One major revision is to extend the guidance covering dietary supplements to all health-related products,” an [FTC release](https://www.ftc.gov/news-events/news/press-releases/2022/12/ftc-announces-new-business-guidance-marketers-sellers-health-products?ref=fdaweb.com) says. It also reflects updates to other FTC guidance documents, including the guidance on endorsements and testimonials and the [enforcement policy statement on homeopathic drugs](https://www.ftc.gov/legal-library/browse/federal-trade-commission-enforcement-policy-statement-marketing-claims-over-counter-homeopathic?ref=fdaweb.com).

“As a general matter, marketers of health-related products, including dietary supplements, should be aware of FTC and FDA marketing requirements,” a [client alert](https://www.lexology.com/library/detail.aspx?g=3e32ced3-a6b1-4858-9d00-c1f0a78e78b5&utm%5Fsource=Lexology+Daily+Newsfeed&utm%5Fmedium=HTML+email+-+Body+-+General+section&utm%5Fcampaign=Lexology+subscriber+daily+feed&utm%5Fcontent=Lexology+Daily+Newsfeed+2022-12-29&utm%5Fterm=) from law firm Klein Moynihan Turco says. “Specifically, advertising claims must be: **1**) truthful; **2**) not misleading; and **3**) substantiated… Accordingly, marketing companies must now step up their efforts to secure the necessary studies and substantiating evidence prior to advertising a product to the public. Absent such measures, companies face the prospect of incurring the wrath of the FTC — resulting in bad press, liability, and hefty penalties.”